DUI & Driving Offences
What is a Criminal Driving Offence?
The Criminal Code of Canada includes a number of offences related to driving. Some of these offences are:
- Hit and Run
- Dangerous Driving
- Driving while Unauthorized
- Impaired Driving (DUI or Driving Under the Influence of Drugs or Alcohol)
- Driving with a Blood Alcohol Level Over .08
- Refusing to Provide a Breath Sample
- Impaired Care and Control of a Motor Vehicle (this can be impairment by drug or alcohol), and
- Having Care and Control of a Motor Vehicle with a Blood Alcohol Level Over .08
There are also separate, more serious offences that you may be charged with if your case involves death or bodily harm. These are criminal offences and they are different from traffic tickets or provincial regulatory offences.
If you are convicted of a DUI or other criminal driving offence, the consequences can be significant. In addition to having a criminal record, you could face high fines, a lengthy driving prohibition, the installation of an Interloc device (blow box) in your vehicle, huge increases in insurance rates and even incarceration.
Do I Have a Defence?
DUIs and criminal driving more generally is a complex area of law that is constantly evolving, and due to the technical nature of these charges, they give rise to many possible defences. For instance, you may have a defence based on the type of evidence (or lack thereof) the Crown has against you, the wording of the Criminal Code itself, or the interpretation of the Criminal Code that is found in the case law. While people use language like “DUI” and driving “under the influence”, there are very specific ways the Crown prosecutor must prove impairment in law. You may think that because you “blew over” you must be guilty, but that is simply not true in many cases. That is why it is imperative that you consult an experienced lawyer at McKay Criminal Defence to identify all of the issues and defences that we can very likely raise and advance in your favour.
Many criminal driving cases involve pre-trial applications for the exclusion of evidence under the Canadian Charter of Rights and Freedoms. You may be able to bring this type of application if the police breached any of your Charter rights during the investigation, arrest, or post-arrest detention period. Our lawyers have the experience and know how to expose these violations through vigorous and detailed cross-examination, coupled with persuasive and innovative legal arguments. Whether you are charged with a DUI, dangerous driving, or any other criminal offence, we can strategically advance the best arguments available to you based on our extensive knowledge and expertise in this area of the law.
How We Can Help
Properly defending DUIs and other criminal driving cases requires expertise and experience. The offences themselves are highly technical and there is a massive body of case law that applies specifically to this area. Choosing a lawyer with extensive and up to date knowledge of criminal driving law and the relevant Charter litigation is key.
Every case requires a careful review to identify all of the relevant legal issues and determine the possible defences. You are entitled to review all of the Crown’s case against you and obtain legal advice before deciding whether or not to plead guilty. We understand that a criminal charge and the loss of your license is tremendously difficult to deal with. We will meet with you as quickly as possible to help you assess the strength and weaknesses of your case so that you can make the best decision.
Our firm successfully defends hundreds of criminal driving cases each year. If you are charged with a criminal driving offence, please contact us for a free initial consultation.
R v D.K.
D.K. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of D.K.’s section 10(b) Charter right to counsel. The Crown agreed to withdraw all of the charges without having to proceed to trial.
R v R.L.
R.L. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of R.L.’s section 8 Charter right to counsel. The Crown agreed to withdraw all of the charges prior to trial.
R v E.A.
E.A. was charged with impaired driving, driving with a blood alcohol level over .08, hit and run after E.A. was located by HAWCS helicopter after an accident. Mr. McKay filed a Charter motion alleging a breach of E.A.’s section 10(b) Charter right to counsel. On the day of trial, the Crown agreed to resolve the matter by way of guilty plea to a traffic ticket.
R v T.B.
T.B. was charged with impaired driving and driving with a blood alcohol level over .08 after a traffic stop. Mr. McKay filed a Charter motion alleging a breach of T.B.’s section 7 Charter right to full disclosure. The Crown agreed to withdraw all of the charges prior to trial.
R. v. G.G.
G.G. was charged with impaired driving, driving with a blood alcohol level over .08 and failing to remain at the scene of an accident. Mr. Patmore filed a Charter motion for a Stay of Proceedings alleging that the Conservation officer who conducted the investigation did not have the statutory authority to detain his client. While the Crown had a strong case, after lengthy negotiations, they conceded the merits of the Charter application and the matter was resolved through a plea to a traffic ticket. The much more serious criminal code offences were withdrawn.